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EFF filed an amicus brief in this case in support of a man who was indicted under the a federal anti-stalking statute for repeatedly tweeting caustic criticisms of a public figure, a Buddhist sect leader who herself made extensive use of social media. In December, 2011, the judge agreed with EFF and dismissed the case, ruling that "the First Amendment protects speech even when the subject or manner of expression is uncomfortable and challenges conventional religious beliefs, political attitudes or standards of good taste."

EFF has urged a San Francisco federal court and the Ninth Circuit Court of Appeals to dismiss Facebook's claims that criminal law is violated when its users opt for an add-on service that helps them aggregate their information from a variety of social networking sites.